Martifer UK v Lend Lease Construction (EMEA) CSOH 98;  CSOH 66;  CSOH 81
Multiple aspect dispute between the main contractor and a sub-contractor in relation to the construction of the steelwork for The Hydro Arena, Glasgow. Concerned issues of contract construction and programming, among other matters.
Stewart Milne Westhill v Halliday Fraser Munro  CSOH 76
Action for damages said to have been incurred due to architect's professional negligence. Involved a significant time bar defence, where the allegedly negligent design had been in place, and purported remedial works had been carried out, more than 5 years before the action was raised.
Forrest v Fleming Builders  CSOH 158;  CSOH 90
Claim for damages said to have been incurred due to diminution in value of the property constructed due to breaches of contract by the builder and architect. Considered interaction of liquidated damages provision with alleged end to contractual relations with the builder. Also considered time bar of a claim for distress and inconvenience and the circumstances in which a claim made in the commercial cause should be dismissed.
Aviva Investors Pensions v McDonald's Restaurants  CSOH 009A
Action for declarator of unreasonable withholding of consent by a tenant to the construction of a new free standing retail unit in a retail park car park.
Royal Bank of Scotland v Halcrow Waterman  CSOH 173
Time bar of an obligation to make reparation re deflection of concrete slabs in an office building, where cracking existed more than 5 years before the action was raised. Considered what awareness the exercise of reasonable diligence would have given rise to, in terms of the relevant statutory provision. Also considered the contractual construction of a net contribution clause.
Arbitration Application No.2 of 2013
Resisting legal error and serious irregularity appeals brought under the Scottish Arbitration Rules. Appeals based on alleged error in law, and on alleged unfairness, in the arbitrator's award of expenses.
J&A Construction (Scotland) v Windex  CSOH 170
Resistance of enforcement of an adjudicator's award on the ground of the payee's balance sheet insolvency. Considered the court's equitable power to allow balancing of accounts in bankruptcy notwithstanding an adjudicator's award.
Whyte and Mackay v Blyth & Blyth Consulting Engineers  CSOH 54; 2013 SLT 555
Applicability to adjudication of Article 6 of, and of Article 1 of Protocol 1 (A1P1) to, the European Convention of Human Rights. Also considered severability of adjudicators' decisions.
Martin & Co (UK), Petitioners  CSOH 25
Competence of, and considerations to apply in making, an interim award of expenses in a specific monetary amount, subsequent to the granting of an earlier general award of expenses but prior to taxation of that general award; to allow diligence to be done in execution pending taxation of the prior general award.
Manchester Associated Mills v Mitchells & Butler Retail CSOH 2;  4 EG 107 (CS)
Legal error and serious irregularity appeals under the Arbitration (Scotland) Act 2010. Rent review arbitration relating to rent with a turnover based element. Rent review of maximum and minimum rental levels. Considered relationship between turnover rent, maximum and minimum levels and rent review provisions.
Scottish Ministers v Stirton CSOH 166
Acted for the Scottish Legal Aid Board in three day expenses hearing in these proceedings for a recovery order under the Proceeds of Crime Act 2002. Resisted on policy and legal grounds the granting of an additional fee to respondent's solicitors.
Pihl UK Ltd v Ramboll UK Ltd  CSOH 139
Enforcement of an adjudicator's decision in the face of challenges based on breach of natural justice and unintelligibility/inadequacy of reasons. Also considered the appropriateness of granting summary decree (judgment) in enforcing adjudicators' decisions.
Cases Jonathan was responsible for as a solicitor include the following reported cases:
R&D Construction v Hallam2011 SC 286
Inner House case dealing with whether an obligation in missives to use all reasonable endeavours was enforceable or was only an agreement to agree and so unenforceable.
CSC Braehead Leisure v Laing O'Rourke Scotland2009 SLT 454;  BLR 49
Enforcement of an adjudicator's decision resisted on numerous grounds, including lack of power to issue an interim decision, lack of severability, failure to issue decision on time and inadequacy and unintelligibility of reasons.
CSC Braehead Leisure v Laing O'Rourke Scotland2008 SLT 697
Considered the tension between providing a swift and efficient resolution of commercial actions and the interests of defenders in convening third parties.
Spiersbridge Property Developments v Muir Construction2008 SCLR 362
Concerned a performance bond. Dealt with the issue of whether the party who called on the bond is obliged, in respect of any excess of monies paid out, to account to the bank who paid out or to the party who had procured the bond.
Melville Dundas v George Wimpey2007 SC (HL) 116;  1WLR 1136
Acted for the receivers of Melville Dundas. Dealt with interaction of standard form building contract terms on insolvency, termination and payment with statutory provisions which prohibited the withholding of due sums in certain circumstances.
Gillespie v Toondale2006 SC 304
Inner House case regarding inhibition on the dependence and the test to be applied in determining whether there exists a sufficient prima facie case to justify the retention of the inhibition.
Strathmore Building Services v Greig2000 SLT 815; (2001) 17 Const LJ 72
Dealt with whether, in light of construction contract legislation, a notice of intention to withhold payment issued before any payment became due, could be effective to allow withholding of a payment which only became due later.
Rogerson Roofing v Hall & Tawse Scotland2000 SC 249
Arbitration stated case to the Inner House. Concerned whether an arbitrator was entitled to sustain a no title to sue plea on a ground not advanced in the arbitration pleadings and whether the claimants' pleadings were sufficient for an evidential hearing to be allowed.